United Gold Supply

Terms and Conditions

The following terms and conditions govern the purchase of Bullion, Coins, Currency or other items ("Products") by Customers from United Gold Supply, LLC, and Customer agrees to be bound by these terms and conditions.

Confirmed Purchases Are Binding Contracts
You may purchase Products by placing the items to be purchased in your online shopping cart and selecting a method of payment. Thereafter your purchase is confirmed only when United Gold Supply, LLC issues you a confirmation number. Once this has occurred, your purchase becomes a valid, binding contract, subject to these terms and conditions, and may not be cancelled by you. However, prior to shipment, at your request, United Gold Supply, LLC will repurchase the Products back from you at the lesser of your purchase price, or our then current bid price for the Products, which may be lower than your purchase price. Any resulting deficit will be your responsibility and you will be charged a $35 repurchase fee. See our Market Loss Policy described below.

Payment Options

Once an item has been placed in your shopping cart, you will need to select one of the following payment options:

§  Credit Card - All orders less than $2,500.00 must be paid by credit card. Credit card orders must be shipped to the billing address of the credit card that confirmed the order. The maximum amount of credit card orders accepted from a customer will be limited to an aggregate maximum of $10,000.00 in any thirty (30) day period.

§  Bank Wire - Orders over $2,500.00 may be paid by bank wire transfer. A five percent (5%) credit card deposit will be required, which becomes non-refundable once your order is confirmed. Bank wire is always recommended. Bank wires must be received within 3 business days from the time of order confirmation. United Gold Supply, LLC bank wire information will be provided during the online checkout process and via email upon order confirmation.

§  Check/Money Order - Orders over $2,500.00 may be paid by check or money order. A five percent (5%) credit card deposit will be required, which becomes non-refundable once your order is confirmed. Check or money orders require a 10 business day hold from the time of check deposit. Check or money orders must be postmarked within 2 business days from the time of order confirmation.

If the full purchase price (including all applicable taxes, fees and charges) are not paid within the time set forth above, Customer shall be in default, and United Gold Supply, LLC may in its sole and absolute discretion (1) rescind the sale, in which event Customer, as liquidated damages and a reasonable estimate for the costs and risks sustained by United Gold Supply, LLC by virtue of such default, retain the 5% deposit plus any further deposits as set forth above; or (2) at any time thereafter sell the Product purchased without further notice to or authorization from Customer and hold Customer responsible for any losses and costs incurred by United Gold Supply, LLC as a result, in which event Customer agrees immediately upon demand to pay and reimburse United Gold Supply, LLC for all transaction fees and all losses incurred by United Gold Supply, LLC as a result of any such payment default by Customer and subsequent liquidation of the Product involved.

Applicable Taxes

United Gold Supply, LLC will charge Customer for, and Customer shall pay, all applicable sales or other taxes incurred as a result of the purchase from United Gold Supply, LLC. For international transactions, this includes any value added taxes (VAT), foreign exchange, or other taxes or assessments.

 

Delivery

All Products purchased from United Gold Supply, LLC are shipped registered/insured U.S. Mail, UPS or FedEx. Each package is fully insured and may require a signature upon delivery. Packages can take anywhere from 2-10 business days to be delivered. The tracking number will be provided via email upon shipment. All of our packages are fully insured and therefore are covered in the event of loss during transport. However, if you leave instructions for a carrier to leave the package somewhere unattended, or to leave it with anyone other than you, or without signature you do so at your own risk, United Gold Supply, LLC is not responsible for any loss due to non-delivery of your items. In the event of a lost package, it may take up to 45 days to issue a refund or replacement.

If the items are damaged during transit, or we determine a package is lost, a claim will be filed. Once a claim is filed, investigated and resolved we reserve the right to re-ship the items or issue a refund. Any discrepancies need to be reported to United Gold Supply, LLC within 24 hours of receiving the package. Any delay in reporting a claim may, in Stack's Bower Galleries sole discretion be deemed a waiver of your right to make a claim.

Market Loss Policy

Once a purchase is confirmed by United Gold Supply, LLC, a contract is created and the price of the Products are locked in and binding on both Customer and United Gold Supply, LLC. Customer bears the full risk of any downward movement in the market price of the Products. Should United Gold Supply, LLC repurchase a Product, any deficit between the purchase price you paid and the repurchase price paid by United Gold Supply, LLC is the Customer's responsibility. If your purchase price is less than our buy back price, any gain in the Products shall be the property of United Gold Supply, LLC. 

For example if you purchase a Product for $1,000 (ask price) and you choose to cancel your order two days later and our bid price is $980, you will be responsible for the $20 deficiency plus the $35 cancellation fee. All market risk is the responsibility of the Customer. 

Losses During Shipment; Force Majeure

United Gold Supply, LLC shall not be responsible for any loss or disappearance of any Product while in the U.S. Mail, UPS, FedEx or otherwise shipped or delivered in accordance with these terms and conditions or with Customer's instructions. Customer shall make claim and have recourse to any postal insurance or other claim against the U.S. Postal Service, UPS or FedEx only, and not United Gold Supply, LLC. Furthermore, in the event of any act of God, transportation or shipping disruption or breakdown, failure of utilities or telecommunications, war, labor unrest, or other event beyond United Gold Supply, LLC’ reasonable control, whether or not similar to the foregoing, the obligations of United Gold Supply, LLC hereunder shall be suspended to the extent affected thereby and United Gold Supply, LLC shall have no liability to Customer as a result thereof. In any event, the maximum liability of United Gold Supply, LLC for loss of or damage to Product shall be limited to such applicable insurance coverage as may exist for the Product, for which Customer shall make the claim.

Other Requirements And Procedures 
United Gold Supply, LLC may from time to time establish minimum purchase, sale or physical delivery requirements or other procedures or requirements not specified herein. All purchases and sales are subject to such procedures and requirements in effect at the time such purchase or sale takes place.

 

Limited Warranty; Limitations On United Gold Supply, LLC’ Liability 
United Gold Supply, LLC warrants that the Product sold in any transaction will be genuine and conform to the identification thereof in United Gold Supply, LLC’ sales materials on the date of sale and that United Gold Supply, LLC has the right and power to transfer full title to Customer. The foregoing limited warranty is limited to a period of ten (10) calendar days from delivery. Unless written notice of any such non-conformity is given to United Gold Supply, LLC prior to the expiration of the limited warranty period, all warranty liability shall terminate. UNITED GOLD SUPPLY, LLC DISCLAIMS AND CUSTOMER WAIVES ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS PRODUCTS, INCLUDING THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, and any such warranties which cannot be waived shall in any event be limited in duration to the duration of the foregoing limited warranty. No agent, employee or other representative of United Gold Supply, LLC has the authority to create any other affirmation, warranty or representation, either oral or written, regardless the products. Other than as set forth above, all Products are sold as is, with all faults.

THE SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY, EXPRESS OR IMPLIED, SHALL BE THE REPLACEMENT OF DEFECTIVE OR NON-CONFORMING PRODUCTS, OR, AT UNITED GOLD SUPPLY, LLC’ OPTION, REFUND OF ALL OR A PORTION OF THE PURCHASE PRICE. Customer agrees that the foregoing remedies shall not be deemed to have failed of their essential purpose so long as United Gold Supply, LLC is able to refund the purchase price. UNITED GOLD SUPPLY, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, whether or not United Gold Supply, LLC has been advised of the possibility of such damages.
Customer acknowledges and agrees that the foregoing disclaimer of warranties and limitation of liability provisions form an essential basis for Customer's agreement with United Gold Supply, LLC, that United Gold Supply, LLC would not have entered into this contract but for these provisions, and that the foregoing exclusion of special, incidental, consequential or other damages shall apply whether or not United Gold Supply, LLC is able to repair or replace any defective or non-conforming Products.
All sales are final and non-cancelable, and no Product purchased is returnable except pursuant to the limited warranty set forth above.

With respect to Bullion, Coins or Currency which are described and/or graded, Customer agrees that United Gold Supply, LLC is not responsible for grading or descriptions which may be subjective and differ among grading services and industry experts. United Gold Supply, LLC makes no warranty or representation regarding grading or description.

Complete Agreement; Severability; Cumulative Remedies 
This contract shall be the entire agreement of the parties and shall supersede all other agreements or representations, oral or written. Any invalid provision shall not affect the validity of all other provisions and shall be enforced to the maximum permissible extent. This contract may not be amended, modified, or canceled, except in writing signed by duly authorized representatives of United Gold Supply, LLC and Customer; provided, however, that United Gold Supply, LLC may from time to time unilaterally notify Customer in writing of additional or changed Terms and Conditions which are to be effective as to future Transactions occurring after the date of such notice, and in such event such additional or changed Terms and Conditions shall automatically be binding upon both parties as to any subsequent Transactions engaged in by Customer. All remedies of United Gold Supply, LLC will be deemed cumulative and will be in addition to any other remedies United Gold Supply, LLC may have under law. United Gold Supply, LLC’ exercise of any one or more remedies shall not be deemed an election of remedies.
Governing Law 

This Agreement shall be governed by the laws of California and the parties agree to be subject exclusively to the jurisdiction and venue of the Superior Court for the Central District of California, as to any disputes arising out of or related to this Agreement, whether contract, tort, or both. 

Attorneys' Fees And Costs 
You shall pay to United Gold Supply, LLC all costs and expenses of collection of amounts due herein, or otherwise incurred to enforce any or all provisions of this Agreement or the subject matter of this Agreement, including but not limited to, reasonable attorney fees and costs incurred before legal action or arbitration, if any, is commenced, and fees and costs incurred in connection with the protection, or realization of the Product. You further agree that in any litigation, arbitration or other proceeding based upon, arising out of or related to this Agreement, you shall pay to United Gold Supply, LLC its attorney fees and other expenses and costs incurred in connection with the litigation, arbitration or other proceeding if United Gold Supply, LLC is the prevailing party.

 

Time Is Of The Essence/No Waiver 
Time is the essence with respect to all of the provisions of this Agreement. No waiver of a breach, failure of condition, or any right or remedy contained in this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure, right or remedy, shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
Arbitration.

ANY CLAIM OR CONTROVERSY ARISING OUT OF A TRANSACTION SHALL BE SETTLED BY BINDING ARBITRATION, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, WITH ANY ARBITRATION HEARING TO OCCUR IN ORANGE COUNTY, CALIFORNIA. ABSENT AN AGREEMENT OF THE PARTIES, THE ARBITRATOR SHALL LIMIT DISCOVERY TO THAT WHICH IS NECESSARY TO ENABLE THE HEARING TO PROCEED EFFICIENTLY. THE ARBITRATOR SHALL NOT HAVE THE POWER TO AWARD PUNITIVE OR CONSEQUENTIAL DAMAGES, NOR ALTER, AMEND MODIFY ANY OF THE TERMS OF THIS AGREEMENT. THE AWARD BY THE ARBITRATOR, IF ANY, MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. EACH PARTY SHALL PAY ONE-HALF THE COSTS OF THE ARBITRATION.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE PARTIES HERETO EXPRESSLY PRESERVE ALL RIGHTS AND REMEDIES THEY MAY HAVE AT LAW OR IN EQUITY UNLESS AND UNTIL AN ARBITRATOR IS APPOINTED, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO SEEK PROVISIONAL REMEDIES OR INJUNCTIVE RELIEF. 
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WITH RESPECT TO ANY DISPUTE ARISING UNDER OR IN CONNECTION WITH A TRANSACTION EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHTS IT MAY HAVE TO DEMAND A JURY TRIAL.